The present subject matter relates generally to systems and methods for presenting search results. More specifically, the present subject matter discloses systems and methods for presenting trademark search results in an interactive visual presentation based on one or more user adjustable weighted proximity metrics.
The results of a trademark search are routinely evaluated when making significant business, legal, and investment decisions regarding branding, marketing, product development, licensing, enforcement, etc.
The review and analysis typically involved when an attorney reviews conventional trademark search reports involves a comparison of the searched mark to the references revealed in the search. In particular, the attorney is primarily assessing the similarity of the references to the searched mark, and the similarity of the good or services of the references to the searched mark. While likelihood of confusion factors, such as those known as the in DuPont factors and Polaroid factors, are relevant and sometimes examined through external investigations, present trademark searches rarely provide this sort of information.
The quality of the analysis of trademark search records impacts both the attorney and client's ability to make high quality, informed decision regarding trademark matters. The quality of the analysis of the trademark search results is in part dependent on the skill and experience of the attorneys and/or business people involved. However, the content and presentation of the search results can have a strong impact on the efficiency and quality of the analysis. For example, current search results that contain lists of trademarks contained in hundreds of pages are more difficult to analyze than sorted, categorized, prioritized, analyzed, evaluated, or metric driven or based presentations. And, of course, search results that incorporate additional relevant information and provide for more in-depth analysis are more likely to lead to better decisions made by the attorneys and business people.
The typical trademark search draws information from a limited number of resources and databases. Commonly, U.S. trademark searches focus on: USPTO records; state trademark records; common law databases (i.e., search engine search results); registered business names; and domain names. But trademark infringement issues depend on many factors not easily captured from these data sources. Currently, trademark search results do not often capture relevant information regarding: the purchaser, the conditions under which, and buyers to whom, sales are made (i.e., “impulse” vs. careful, sophisticated purchasing); the fame of the prior mark; the nature and extent of any actual confusion; and other DuPont and Polaroid factors. Without this important information, trademark search results may be incomplete and even a perfect evaluation of incomplete results is less than optimal. Being able to appropriately analyze this relevant information would be a great benefit.
Presently trademark searches do not provide any guidance on the likelihood that the trademark office is to approve the searched mark for registration.
Additionally, trademark searches do not provide any guidance on the desirability of selecting exclusive of legal risk considerations.
Trademark search results are often prepared with the assistance of search software, to search databases, retrieve and store data, etc. Trademark search results are typically comprised of a long list of references turned up in the search provided to attorneys and business people for analysis in a list format, such as an on-line or electronic format, PDF, or printed document; often several hundred pages long. Simplified summaries traditionally consist of charts with the numbers of references found in each of several fixed categories. The fixed format is limiting in that it is time consuming to review and limits and in many cases prevents customization. Online formats still require review of the entire lengthy search report, but offer the ability for the user to categorize risk by high, medium, low and then sort the results by category. Importantly, the ability to have a presentation of search results that visually depicts the landscape and immediately presents a sense of the ability to use and register as well as the desirability of selecting a proposed trademark without the need to review hundreds of references as well as the ability to reorganize of the results as the reviewer wishes to view various aspects of the results or view the results while weighting or considering the various factors in different ways offers a significant advancement and advantage for the attorney.
Possibly most importantly, existing trademark search results presentations do not provide visually significant interactive information that enables a user to efficiently evaluate and interpret the search results.
At their core, trademark searches are intended to help answer two primary questions: (1) how likely am I to be able to use this searched mark without infringing others' rights; and (2) how likely am I to be able to register this searched mark? Trademark search results can be better adapted to answer these core questions and provide a cost effective method to guide a user in selecting a mark.
Accordingly, there is a need for systems and methods that may be used to improve the presentation and evaluation of trademark search results, as described and claimed herein.